Question to the Cabinet Office:
To ask the Minister for the Cabinet Office, what assessment he has made of the potential merits of (a) adding and (b) removing sectors from the scope of the National Security and Investment Act 2021.
The National Security and Investment (NSI) Act 2021 gives the Government power to scrutinise and intervene in acquisitions that may pose threats to national security, whilst also supporting secure and resilient growth. All sectors are within scope of the NSI Act, with acquisitions of entities related to 17 sensitive areas of the economy having to notify and receive approval from the Government before the acquisition can be completed.
The Government is taking a number of steps to ensure the continued effectiveness of the NSI Act.
The previous Government published a Call for Evidence in November 2023 and a response in April 2024. The Call for Evidence sought feedback from a wide range of stakeholders on the scope of the regime, the notification process and Government guidance and comms. The Government is currently considering its next steps, drawing on responses received.
The Government will review and produce a report on the mandatory notification areas under the NSI Act, as required by section 4 of the Notifiable Acquisitions Regulations 2021, before January 2025.
The Government will complete a Post-Implementation Review, as committed to in the NSI Act Impact Assessment, evaluating the effectiveness of the NSI Act. This is expected to be published in 2026.
The Government regularly engages with stakeholders on the NSI Act, including speaking events, meetings and feedback exercises.
The Government has published extensive guidance for businesses and investors. The NSI Act Market Guidance sets out what businesses and investors, including small and medium-sized businesses, need to be aware of and is available on GOV.UK. The guidance is kept under review to ensure it remains up to date.
The “National Security & Investment Act 2021: Annual Report 2023-2024” published in September shows that the NSI system is continuing to run well and as intended. It demonstrates that we have the powers to protect sensitive sectors whilst continuing to support investment. Analysis to date has not found evidence of the Act affecting the total volume of investment into the UK.
The UK’s approach to investment screening is in line with many other countries, including our close allies. We continue to work closely with international partners to draw on global best practice.